Advice Re: Cca

malcindebt

Hi,

I've finally understood regarding claiming charges back, now it's onto part 2 of my quest to bring my life and finances back under my control.

I have a debt with CitiGroup, they have 'sold' the debt to cabot, who have brought in Scot Call. I am currently paying Scot Call £10 per month, although I have informed them that I am in dispute regarding this.

After reading many of the threads on here regarding this sort of thing, I feel I may have been a bit premature in paying money to Scot Call.

Firstly, I can't see where the 'debt' has come from. I had a CitiCard and got into trouble following redundancy, agreed with someone over the phone to make a one off payment in respect of full and final settlement. (I have nothing in writing) Next thing I know they have passed on the rest of the outstandig amount to Cabot.

I'm confused following reading the threads on here. I want to contest the 'debt', and also, would rather be dealing directly with CitiGroup, rather than their dogsbodies.

What should I do/send and who do I refer any correspondance to?

Many thanks.

malcindebt

Please help, I've been advised elsewhere to write to Cabot with a CCA request, and also to Citigroup regarding the fact that I had made payment as ful and final settlement.

What do I do about Scot Call, do I write to them and advise that this debt is now in dispute and so no more payments will be made? Can I request the repayment of the payments I have made?

Please, please help.

CLAPTON

presumably you are not disputing that you incurred the debt in the first place


you say you agreed F&F over the phone...do you have any evidence at all ..say a bank statement showing you made a payment. In any event, the is legal doubt about how legally binding a F&F is if it was not made by the third party. I can't see this as a very fruitful line but you could make a data protection act request for all your information and hope there may be something in their files that indicates you they made a F&F offer to you.

is the amount being claimed the difference between the original debt and the F&F payment or what .

how much is in dispute?


you could ask for proof of the debt from scot call under the the CCA and refuse to pay anything until they provide it.

i see no merit is dealing with cabot if the debt is now with Scot Call.

sorry i can't be more helpful but it doesn't really look very promising.

file_wizzard

Firstly you need to ascertain who is the legal owner of the debt, is it still Citi Group, or have they actually sold the debt to Cabot.

It may well be that they have only outsourced the collection (although if Cabot are involved it is likely it has actually been sold)

You first action should be to send the following to Cabot;

---

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.


As far as scot call go, either just ignore them, or write to tell them the dent is in dispute.

And in relation to the FULL and FINAL question, did you actually pay this?

All full and finals should always be confirmed in writing before you make payment, and any payment you make in short settlement should ALWAYS be made via a 3rd party

EDIT;

Further to Claptons comments it is likely that scotcall are acing as a collection agents, rather than the legal owner of the debt.

I would still recommend you start with Cabot, they will then do one of three things;

1) Confirm they are acting as collection agents
2) Confirm they are the owner
30 Inform you they have passed the debt back to citi group ( this would then explain the Scotcall involvement as it would have been then passed back out by citi)

malcindebt

Thanks FW.

Cabot are the owners of the debt, when the agent called from scotcall he confirmed their client was Cabot.

I'm now thinking of taking a different approach.

I am going to claim the charges from Citigroup, these will more than cover the outstanding balance (although I don't think I owe anything). But what I don't want to do is continue paying Scotcall.

When I make the claim to Citi, should I also send a CCA to Scotcall and stop all payments to them? or should I do this now? or just send it to Cabot?

malcindebt

****bump****

file_wizzard

No, just inform scottcall that the debt is now in dispute and that no further payments will be made.


then start the reclaim process with the ORGINAL creditor